McGuire v. Metropolitan Life Ins. Co.

• Decision Date: 13 February 1932
• Citation: 46 S.W.2d 53
• Parties: McGUIRE v. METROPOLITAN LIFE INS. CO.
• Court: Tennessee Supreme Court

46 S.W.2d 53

McGUIRE v. METROPOLITAN LIFE INS. CO.

Supreme Court of Tennessee.

February 13, 1932.

Appeal from Circuit Court, Davidson County; A. B. Neil, Judge.

Action by Virgil McGuire against the Metropolitan Life Insurance Company. Judgment for defendant, and plaintiff appeals.

Affirmed.

C. H. Rutherford, James W. Rutherford, and C. H. Rutherford, Jr., all of Nashville, for plaintiff in error.

G. S. Moore, of Nashville, for defendant in error.

McKINNEY, J.

There is involved in this controversy the double indemnity provision of a life insurance policy for $241.70, which is as follows:

"Upon receipt of due proof that the Insured, after attaining age 15 and prior to attaining age 70, has sustained, after the date of this Policy, bodily injuries, solely through external, violent and accidental means, resulting, directly and independently of all other causes, in the death of the Insured within ninety days after the date of such bodily injuries while this Policy is in force, and while premiums are not in default beyond the grace period specified in this Policy, the Company will pay in addition to any other sums due under this Policy and subject to the provisions of this Policy an Accidental Death Benefit equal to the face amount of insurance then payable at death, except that if such bodily injuries are sustained by the Insured while employed in or on the premises of any open pit or underground mine, or are sustained by the Insured while on or about the premises or right of way of any railroad company while the Insured is following the occupation of gang, track, or roadway laborer, track walker, yard, freight, or mixed train brakeman or flagman, then the Accidental Death Benefit shall be only one-half of the face amount of insurance then payable at death. In any case, the amount of the accidental Death Benefit shall be reduced by the amount of any Disability Benefit which has become payable under this Policy on account of the same injuries as resulted in death."

The case was heard upon a stipulation of facts. After reciting that the insured, Herschell McGuire, and his three confederates had robbed several stores in Nashville on the night in question, it contains the following statement: "That they left and went to 28th Avenue North, and Clifton Pike, about 10 o'clock, the same night for the purpose of robbing another Hill's Grocery Store at that place; that they robbed the store, Herschell McGuire taking the money out of the cash register; that while they were robbing the store two police officers came running up and started shooting without saying anything; and...